Anonymous
20 July 2021 at 12:55
I am sending a query raised by a person. Shall appreciate considered opinion of LC. In bracket I have given my feelings. Thank you. Some time back I had been interacting with LC. I am 73 now, so not active.
1. Lenders have an option to proceed with attachment of passports of defaulting borrower.
[ I feel this is in the domain of the government and lenders have no say over it]
2. Whether Lender can write to the employers of defaulting borrowers that the borrower is in default for payment of dues and may be put pressure on the employee for clearance of dues.
[ I feel this is entirely employer’s discretion unless there is a court decree]
DR SURESHA G
17 July 2021 at 18:01
Female share in ancestral property
Dear Sirs
I have a query. I greatly appreciate if the club members give their valuable opinion.
My maternal Grand father is Late H Sanna Somappa Died in March 1975-Hale Kunduvada Davanagere Taluk/District .My Grand Mother is Late Gangamma Died in June 1997
They had 10 children
1. H S Hanumanthappa -Died in March 1985 at the age of 52 years –Married 1955-8 Children
2. H S Parvathamma Alive – with 3 Male Children age 72 years as of 2015-Married 1956
3. S Revanasiddappa Died in 2004 at the age of 62 years – 3 Children (1 Male Expired) –Married in 1966
4. H S Nagarajappa Died in 1996 at the age of 51 years –Married in 1966-5 Childrens
5. H S Jayamma Died in 2012 at the age of 66 years-Married in 1959 5 Children (3 expired )
6. H S Heggappa Died in 2006 at the age of 59 years -5 Children Married in 1968
7. H S Sharadamma Married in 1966-Died in 2009 at the age of 60 years -4 Children
8. H S Bharamakka Married in 1966-Died in 2021 68 years -3 Children
9. H S Rathnamma Married in 197 Died in 2020 65 years -2 Children
10. H S Gangamalamma Married in 1975Alive age 67 years -4 Children
Late H Sanna Somappa had property as follows
Schedule 1
1. 56 Acres of Irrigated land in Hale Kunduvada Davanagere City Corporation. Which is worth of 56 Crores as of 2021 property value (Ancestral )
Schedule 2
2. 6 Numbers of Houses in Hale Kunduvada Davanagere City Corporation. Which is worth of 1 Crore as of 2021 property value(Ancestral )
Schedule 3
3. One building 2nd main 7th cross Vinobanagar Davanagere which is worth of 50 Lakhs as of 2021 property value(Sold in 2013 by male children and having the consent of only female children of H Sanna Somappa and Gangamma ignoring other 3 female children ) (Ancestral )
Late Gangamma w/o Sanna somappa
Schedule 1. Owned =28 Guntas (Kana koppalau) which is worth of 3.5 Crores as per
-Inherited from her father.
Issues 1
The male children of Late H Sanna Somappa i.e. H S Hanumanthappa,H S Revanasiddappa ,H S Nagarajappa and H S Heggappa made a Jubani Partikath (Partition ) in 1980 in schedule 1,2 and 3 (4 shares) leaving the female children . But the partition made in 1980 which is written as done in 1974 which is false. The document was prepared in 1980. It has been shown that HS Sanna Somappa was alive. It is false. It is mentioned that H Sanna Somappa signed the partition. Schedule 1 2 an3 were equally distributed among 4 male children of H S Sanna Somappa and Late Gangamma leaving 1acre 20 guntas for life maintenance ignoring the 6 female children.
This Jubani Parikath (Traditional Partition) was later registered in Sub Registrar Office Davanagere
Six female children of H Sanna Somappa and Gangamma file a civil suit in Davanagere Civil Court in 2010 and Judgement came in 2018 with a decree to distribute the 1/10th share for 4 female children of H Sanna Somappa and Gangamma out of their Life Maintenance Property only 20 Guntas . The court did not consider the remaining 1Acre. Actually l 1acre 20 guntas for life maintenance. This 1 Acre has been stolen by 4 male children of H Sanna Somappa and Gangamma.
Now the 4 male children of H Sanna Somappa and Gangamma are expired and their legal heirs sold few properties out of 56 acres.
My Request is there any possibility of getting the share for the Female children of H Sanna Somappa and Gangamma in schedule 1, 2 and 3 as per the recent Laws /amendments of Supreme Court in respect of Properties for female children.
Issues 2
Late Gangamma w/o Sanna somappa
Schedule 1. Owned =28 Guntas (Kana koppalau) which is worth of 3.5 Crores as per 2021 property value -Inherited from her father
Gangamma w/o H Sanna Somappa expired in 1997. After her death the 6th Daughter of Gangamma & H Sanna Somappa prepared a fake document in Rs 20 Stamp Paper and prepared a fake will deed. The LTM of Gangamma is fake. She transferred 28 Guntas Kanakoppalu in her name at Davanagere City Corporation and obtained Endorsement and paying the taxes regularly. She is not in possession. The civil court did not accepted the will. The land is vacant and few old building are there in 4 guntas.
My Request is that is there any chance of cancelling the will and transfer the property in Joint names of 10 legal heirs of H Sanna Somappa and Gangamma.
I greatly appreciate your valuable opinion and advice/recommendations to go ahead for the Justice
Please advise me how to approach.
Awaiting the response from the member friends
Respectfully yours
Dr Suresha
s/o Late H S Sharadamma. (7th legal heir of Late Sanna Somappa)
DAVANAGERE
Avinash
16 July 2021 at 21:49
I saw many times in delhi roads 3 to 5 traffic police officers stand on road while light is green and traffic moving towards them and due to this congestion on road increases. I really want to know this act of police officers is legal or not ??
Also they park their bike on road is this legal too ??
Do traffic police have these special powers under any law in india ???
Where I can submit photo or complaint on this
Issue ?
Delano Azavedo
16 July 2021 at 16:06
Good morning to all,
I have a question regarding convinced of society if someone could please help me with this matter.
The conveyance deed of my society is not done since the past 10-years and the wall of the society has been broken who is responsible for repairing the wall is it the members or the builder?
Thank you in advance
D Yehuda
15 July 2021 at 14:30
Respected sir,
I read your article or rather a question regarding gift deed, and i had couple of questions, kindly advice
My father in law wants to gift his flat to my wife vide gift deed, but he is abroad, so can he execute the gift deed in the indian embassy over there?
The other option is he has already registered a POA on his sons name to sell the property, so can his son come to india and execute the gift deed?
Kindly advise
Regards
David
Anonymous
15 July 2021 at 00:41
Hello sir,
I have purchase home from my elder brother in 2014, now society chairman ask to pay transfer fee. With panelty .
My query is this property sold in near blood relation , so I am liable to pay transfer fee ? If yes then a how moch and no than what should I do to get share certi on my name from office .
Anonymous
14 July 2021 at 19:51
Purchased a flat in small apartment having 12 flats.
Each flat have small share in land.
Each flats are registered and occupied.
1- Do we have to do anything more for share of undivided share in land ?
2- Do we all flat owners are now equal owner of total land divided by all flat owners or we have to do something like mututation etc ?
Anonymous
14 July 2021 at 13:29
Hi Sir,
I made online transfer of money from my bank account to someone's bank account. I have the transaction statement and with a sign and seal of bank. That person did not returned my money.
Can I approach to file money recovery act for that money ? I don't have promissory note for that...
Is bank account statement enough to file money recovery act ?
Can some one guide me . please.
Anonymous
13 July 2021 at 19:59
When is a partition suit barred by Estoppel, Waiver and Acquiescence
Can someone give an example and explain what it means.
Regards
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Land acquisition act
Sir I have given 6 sale deeds exhibited in lower court whereby land was sold to private companies from Delhi ( Vary from 1 to 5 CR per acre)
Land acquired is from village Dharuhera situated on NH-8 Gurugram ,Haryana
Lower court has not considered my sale deeds for ascertaining market value of land
Court says that the purchasers are not informed buyers and they are colonizers as they are from delhi so all sale deeds are not considered
Lower court has ascertained the market value on the basis of land acquired in next village and given only 55 lakhs per acre
How could I counter the legal point on which the court has not considered the sale deeds by merely saying that they are colonizers and not informed purchasers by putting reliance upon Krishan Kumar vs UOI 2015(2) RCR civil 597 SC
I want to file RFA against this order and need help in clearing this main hurdle about not considering my sale deeds exhibited in court